Kerri Trail v O'Brien Group Australia
[2021] FWC 4343
•21 JULY 2021
| [2021] FWC 4343 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Kerri Trail
v
O’Brien Group Australia
(U2020/13105)
COMMISSIONER HUNT | BRISBANE, 21 JULY 2021 |
Application for unfair dismissal remedy – application granted – compensation awarded – determination as to sum to be paid by Respondent.
[1] Further to my decision in [2021] FWC 4098, Mrs Trail has informed the Commission she earned an amount of $11,849.66 gross in the period 17 September 2020 to 23 December 2020. She has provided relevant evidence.
[2] On 19 July 2021, the Respondent advised that it did not have any further inquiry relevant to Mrs Trail’s declared earnings during the above relevant period.
[3] Accordingly, the Respondent is to pay compensation to Mrs Trail in the following amount:
Compensation of 14 weeks: | 14 x $2,019.23 | $28,269.22 |
Less remuneration earned between 17 September 2020 and | -$11,849.66 $16,419.56 | |
Total: | ||
Less 10% | -$1,641.96 | |
Total: | $14,777.60 | |
Less 4 weeks’ notice: | 4 x $2,019.23 | -$8,076.92 |
Total compensation: | $6,700.68 | |
[4] The amount of $6,700.68 gross, subject to taxation is to be paid to Mrs Trail.
[5] In addition, the Respondent is to pay superannuation on the amount of $6,700.68 at the rate of 9.5% (as it was prior to 1 July 2021), being an amount of $636.56 into Mrs Trail’s superannuation fund.
COMMISSIONER
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